QUESTION
What can I do if my employers are accusing me of time card theft?
Asked on Oct 28th, 2012 on Labor and Employment - Florida
More details to this question:
I'm management and have my normal hours on shift, as well as on call hours, shopping, extra errands, etc. I co-manage with another person and they had to get rid of one of us due to budget cuts and can't afford to pay unemployment, so they have now accused me of clocking time and not working the hours. Is it up to them to prove that I haven't worked these hours? How do I go about defending myself if they do try to press theft?
4 ANSWERS
It is unlikely they will pursue legal remedy. If they do, you should contact an attorney immediately that handles criminal cases. As far as defending yourself against a discharge, I suggest you have a face-to-face discussion with the employer immediately. If they discharge you for this, they must prove their case before a hearing officer. Otherwise, you likely will never "have your day in court."
Answered on Oct 31st, 2012 at 11:44 PM
Administrative Law Attorney serving Sherwood, OR
Partner at
Employment Law Professionals Northwest LLC
3 Awards
Your employer is not going to be able to go after you for theft. They could allege fraud but it is not likely. They have the burden of proving that you have padded your hours. As long as you can make a reasonable showing that you actually worked the hours and that they are actually conducting a layoff instead, you should prevail on an unemployment benefits claim. Just ask the employer in the hearing if they are replacing your position or if they are making a reduction in employees. You may want to threaten a suit against them if they persist in this fraud of claiming that you padded your time to avoid paying you unemployment. This advice is based on the limited facts that you have provided, additional facts may change the advice. We are not providing you legal advice, rather we are responding to your set of facts based on general legal principles. You should not rely on this information without consulting an attorney and providing the attorney with a complete set of facts. We provide a reduced rate initial consultation for $35.00, if you would like a more complete answer. We are not representing you in this or any other matter, unless and until you and we have entered into a written agreement for services.
Answered on Oct 31st, 2012 at 5:32 AM
Steven Lee Miller
The burden is on them as far as I am concerned. One way to many times prove that they are lying, is to show your computer activity (e.g. when your computer is on/ using it), and compare that with the companies position with their allegation that you were not working. Also if there are videos that is helpful, if you have to go through a parking gate to park your car at work, many times those have clocks on it.
Answered on Oct 31st, 2012 at 5:18 AM
Employment & Labor Attorney serving Weston, FL
at
Behren Law Firm
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Were you salaried or hourly? If you were salaried why does it matter how many hours your clocked? Are you being fired? Are they trying to fight your unemployment or bring criminal proceedings? These are the types of questions we would need answered.
Answered on Oct 31st, 2012 at 5:17 AM